Mr. Vipin Jain v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 49836 of 2012 Arising Out of PS.Case No. -null Year- null Thana -null District- - =========================================================== Mr. Vipin Jain .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 02-11-2015 The petitioner seeks quashing of the order 04.11.2011 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1948 C of 2011.

The case of the complainant is that he had paid Rs. 5,75000/- to the accused persons but they did not supply the articles. The petitioner submits that it is a case of missaccounting and no ingredient of a criminal offence is made out. On the other hand counsel for the complainant submits that since the petitioner had not supplied articles and misappropriated his money, he should be put on trial.

Considering the facts of the case, since in my opinion no criminal offence is made out and at best it is a dispute over settlement of accounts, the application is allowed and the order dated 04.11.2011

Patna High Court Cr.Misc. No.49836 of 2012 dt.02-11-2015 2/2 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1948 C of 2011 is hereby set aside.

(Anjana Prakash, J) Prakash/- U T